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Port Stephens Websites Terms and Conditions

By allowing Port Stephens Websites to design and host your website and domain you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions") and you acknowledge that you have read and understood and accepted these Terms and Conditions. If you do not accept these Terms and Conditions, you must immediately discontinue using any services of Port Stephens Websites. Port Stephens Websites reserves the right to amend or update these terms and conditions, disclaimers and limitations of liability at any time without providing notice to you. Your continued use of Port Stephens Websites services will represent an agreement by you to be bound by the Terms and Conditions as amended.

Limited time spent on any one website design:

The maximum and limited amount of time spent on any one website design is 20 hours in total. This includes ALL aspects of the design that is included for one domain name. If this time is exceeded then additional time spent will be classed as extra work and is in additional to the original quoted price. This means that all hours in excess of 20 spent on the design and construction of the website will be charged at Port Stephens Websites nominal hourly rate. This extra charge will either be added to the final invoice or charged separately either before or after the completion of the website as deemed appropriate by Port Stephens Websites.

Costs:

An original quote will be sent via e-mail specifying the price for the website project. ANYTHING not mentioned in this quote will be deemed outside the scope of the project and may incur extra charges. Port Stephens Website reserves the right to charge for any requested task made after the original quote has been sent and will either add the extra amount to the final invoice or charged separately as deemed necessary.

Ceasing website hosting

Port Stephens reserves the right to immediately suspend or remove any website or E-mail address from operation when the hosting payment or any other payment has not been received according to the payment terms or if the hosting period has expired. Port Stephens website cannot be held responsible for any loss of data or income past and future due to a website or e-mail address being suspended due to non-payment.

Website design and website Hosting Payment terms

Unless otherwise stated Port Stephens Websites payment terms for any invoice sent is SEVEN(7) days from the date of invoice. If payment is not paid according to these payment terms then Port Stephens Website reserve the right to cease or suspend any website hosting or any e-mail address or any other Port Stephens website service. Port Stephens websites cannot be held responsible for any loss of data or income past and future due to a website or e-mail address being suspended due to non-payment.

Free Minor changes

Port Stephens Websites offers free minor changes to all websites. Minor changes is classed as any change that takes Port Stephens Websites less than 10 minutes to complete. Any change taking greater than 10 minutes or if there are multiple Minor Changes over a short period of time will be deemed a major change and charged a minimum of 1 hour. Port Stephens Websites also reserves the right to revoke free minor changes to any website or customer if deemed necessary or if the customer is unfairly taking advantage of this feature or for any other reason.

Timing of changes

ANY change / modification / addition or deletion of any content or request will be completed on a BEST EFFORTS basis. There is no guaranteed timing of any requests and Port Stephens Websites cannot be held responsible for changes not being made or changes being made beyond the timeframe of the customer expectations.

Service availability

Port Stephens Websites shall use reasonable endeavours to provide continuing availability of the server and services, but we shall not under any circumstances be liable for service interruptions or down time of the server or any absence of any other service or issue relating to any service.

Limitation of Liability

Port Stephens Websites will not accept liability to you in respect of any loss or damage (including indirect special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of any services supplied by Port Stephens Websites or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms and Conditions. Any liability of Port Stephens Websites or it's owner subcontractors, consultants in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Port Stephens Websites be limited to in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Website Design and Copywright

As with every design (websites, artwork, photography etc) the copywright of that design is automatically held by it's creator. Every website created by Port Stephens Websites including content supplied by the customer, design and layout elements as well as included programming components. Permission needs to be granted by Port Stephens Websites to move or copy any design or layout element or component from any of the websites created by Port Stephens Websites. The orginal content supplied will always remain the property of the customer but any design or graphic element, photos taken or custom programming will need to be given permission by Port Stephens Websites to be moved / copied to any other server.

Disclaimer

The information contained on any website hosted by Port Stephens Websites is provided by Port Stephens Websites or it's customers in good faith. To the best of Port Stephens Websites knowledge, the information is accurate and current. However, Port Stephens Websites or Port Stephens Websites Associates do not make any representation or warranty as to the accuracy or completeness of the information. We do not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of information contained on any website Port Stephens Websites hosts.

Port Stephens Websites Web Hosting services are provided on an "as is, as available" basis. Port Stephens Websites gives no warranty, express or implied, for the Web Hosting services provided. This no warranty clause expressly includes any reimbursement for losses of income due to disruption of services by Port Stephens Websites Web Hosting or our providers beyond the fees paid by you to Port Stephens Websites Web Hosting for our products and services. To the fullest extent permitted by applicable law, Port Stephens Websites disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Port Stephens Websites makes no warranty that this website or any website we host, any information or ideas contained on this website or any website we host or any products or services will meet your requirements. You expressly acknowledge and agree that Port Stephens Websites does not control other users of this website or any website that is self managed by any of Port Stephens Websites customers, the providers of information or ideas to any hosted website or the suppliers of goods and services purchased from any hosted website, and Port Stephens Websites is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by any hosted website or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Port Stephens Websites will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through any Port Stephens websites hosted website.